MITIGATING THE IMPLICATIONS OF CUSTOMARY LAW ON THE RIGHTS OF WOMEN TO ACQUISITION OF LAND IN NIGERIA AND GHANA THROUGH LEGISLATION: A COMPARATIVE STUDY

Abstract

There would be no human existence without land. This is true because it is from land that man gets items very essential for his survival. Section 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees the right of every Nigerian to acquire and own immovable property; irrespective of sex. It is however doubtful if the current Nigerian legal regime has been able to guarantee the right of women to acquire and own land especially when cognizance is taken of the various customary practices obtainable in Nigeria. The importance of land to man and the constitutional guarantees highlighted above notwithstanding, the right of women to land rights has been seriously hampered by the various derogatory and obnoxious customary rules and practices that are prevalent in Nigeria which limit the rights of women to acquire and own land. It is against the following background that this work undertakes a critical evaluation of the role of legislation in mitigating the implications of customary law on the rights of women to land in Nigeria vis-à-vis Ghana. The study found that Ghana has a more progressive regime for dealing with customary law implications on the rights of women to land. The work therefore recommended an adoption of those practices that would enhance the rights of women to property.